Divorce Cases Matters Related Article

Here are some important points related to divorce cases in India ¹ ²:

– Grounds for Divorce:
The Hindu Marriage Act, 1955, governs the divorce for the Jains, Sikhs, Hindus, and Buddhists. The divorce laws of Muslims are governed by Dissolution of Muslim Marriage Act,1939, the Parsis by Parsi Marriage and Divorce Act,1936, and Christians are governed by the Indian Divorce Act,1869.

– Filing a Divorce:
To file for divorce, a couple will have to hire a lawyer, who will file a petition in the court. A copy of the petition will be sent to the spouse, who can either agree to divorce or contest against it.

– Documents Required:
The documents required for the filing of divorce petition for a contested divorce include address proof of husband and wife, marriage certificate, four passport size photographs of both husband and wife, evidence that proves that both the husband and wife have been living separately, and more.

– Lawyer’s Fee:
The charges for filing a divorce case are not too much, but the lawyer who engages to fight a divorce suit might charge for the services they have given. The lowest cost to fight a divorce suit is around ten thousand, and the maximum might go up to ten lakhs.

– Supreme Court Ruling:
In a landmark judgment, the Supreme Court said that it has the discretion to dissolve a marriage on the ground of “irretrievable breakdown”. This can be done through exercising of its power under Article 142 (1) of the Constitution.

– Waiting Period:
The Supreme Court can dissolve a marriage by granting divorce through mutual consent while dispensing with the 6-month waiting period mandated under the Hindu Marriage Act, 1955.